Mustain Law Firm, PLLC |
Benton & Central Arkansas Criminal Defense Attorney
āā
Table of Contents
ā
Traffic Violations & CDL Defense
Probation & Record Sealing
Domestic Violence & Assault
Court Procedure & Plea Deals
Hiring a Lawyer
Jail, Bail, and Pretrial Release
Search and Seizure Issues
Juvenile Offenses
Sex Offenses
Expungement and Clemency
DWI / DUI Charges
Victim Representation and Civil Consequences
ā
General Criminal Defense
What should I do if I’m arrested in Arkansas?
Stay calm, remain silent, and ask to speak to an attorney immediately. Do not answer questions or consent to any searches without legal representation.
ā
Do I need a lawyer if I’m innocent?
Yes. Innocent people can and do get convicted. A criminal defense lawyer protects your rights, challenges evidence, and ensures you aren’t wrongfully convicted.
ā
Can I talk to the police if I haven’t been charged yet?
You have the right to remain silent. It’s always best to consult with a criminal defense attorney before speaking with law enforcement.
ā
What’s the difference between a felony and a misdemeanor in Arkansas?
Felonies are more serious crimes punishable by over one year in prison. Misdemeanors carry jail time of up to one year and/or fines.
ā
What’s the process for a criminal case in Arkansas?
The process typically includes: arrest, bail hearing, arraignment, pretrial hearings, trial, and sentencing (if convicted). Your attorney can guide you at every stage.
ā
Traffic Violations & CDL Defense
Can I fight a traffic ticket in Arkansas?
Yes. Many traffic tickets can be contested based on officer error, procedural violations, or lack of evidence.
ā
Will a traffic ticket affect my CDL?
Yes. CDL holders face harsher penalties. Even minor violations can result in points, license suspension, or job loss.
ā
What is “masking” and why does it matter for CDL drivers?
Federal law prohibits masking traffic violations for CDL holders. Courts and prosecutors are restricted from dismissing or reducing charges in certain cases.
ā
Should I hire an attorney for a speeding ticket?
Yes, especially if you hold a CDL or the violation could impact your driving record, insurance rates, or employment.
ā
Can I avoid court if I hire a lawyer for my traffic ticket?
In many cases, yes. Your attorney can appear on your behalf, negotiate with the prosecutor, and resolve the ticket.
ā
ā
Drug Charges
What are common drug charges in Arkansas?
Possession, possession with intent to deliver, trafficking, and paraphernalia charges are among the most common.
ā
Is marijuana legal in Arkansas?
Medical marijuana is legal for qualified patients. Recreational use remains illegal, and possession can still lead to criminal charges.
ā
Can I be charged with intent to deliver based only on the quantity of drugs?
Yes. Prosecutors may infer intent based on weight, packaging, or other circumstantial evidence. A skilled lawyer can challenge these inferences.
ā
What defenses exist for drug charges?
Possible defenses include illegal search and seizure, lack of possession, medical use, or entrapment.
Weapons Charges
Can I carry a gun in Arkansas?
Arkansas generally allows constitutional carry, but restrictions apply—especially for felons, juveniles, and on school property.
ā
What are the penalties for felon in possession of a firearm?
This is a serious felony and can lead to prison time. Sentencing enhancements may apply depending on prior convictions.
ā
Can a weapons charge be dropped or reduced?
Yes, especially if the stop or search was unlawful, or if you had a valid license. Legal motions may suppress critical evidence.
ā
ā
Probation & Record Sealing
What happens if I violate probation?
A probation violation can result in a revocation hearing. The judge may impose the original sentence, extend probation, or order jail time.
ā
Can I seal my criminal record in Arkansas?
Many misdemeanors and some felonies are eligible for record sealing under Arkansas law. A petition must be filed in court.
ā
How long do I have to wait before sealing my record?
Waiting periods vary by offense. Some misdemeanors may be sealed after 60 days, while felonies may require a 5-year waiting period.
ā
Will sealed records show up on background checks?
Sealed records are not visible to most employers or the public, but they can still be accessed by law enforcement and courts.
ā
ā
Domestic Violence & Assault
What qualifies as domestic battery in Arkansas?
Domestic battery involves physical harm or threatening behavior toward a household or family member.
ā
Can I be charged with assault if I didn’t touch anyone?
Yes. Threatening behavior that causes fear of harm can lead to an assault charge even without physical contact.
ā
Can a victim drop domestic violence charges?
Only the prosecutor can drop charges. A victim’s request may be considered but does not guarantee dismissal.
ā
ā
Court Procedure & Plea Deals
What is an arraignment?
It’s your first court appearance where charges are formally presented and you enter a plea—guilty, not guilty, or no contest.
ā
Should I take a plea deal?
That depends on the case. Your attorney will advise whether the deal is in your best interest or whether to fight the charges.
ā
What is a suspended imposition of sentence (SIS)?
SIS allows you to avoid a formal conviction if you successfully complete probation. It’s common in first-offense cases.
ā
What is a criminal diversion program?
These programs allow eligible defendants to avoid conviction by completing treatment, classes, or community service.
ā
ā
Hiring a Lawyer
How much does a criminal defense attorney cost in Arkansas?
Costs vary depending on the charges and complexity. At Mustain Law Firm, flat fees typically range from $350 to $25,000+ depending on the case.
ā
Do you offer free consultations?
Yes. Mustain Law Firm offers free initial consultations for potential clients facing criminal charges in Arkansas.
ā
Why should I hire a private attorney instead of a public defender?
Public defenders are often overworked. A private attorney can devote more time to your case, provide personal attention, and pursue more aggressive strategies.
ā
ā
Jail, Bail, and Pretrial Release
How do I post bail in Arkansas?
Bail can be posted through a licensed bail bondsman. A judge sets the amount based on the charge and your risk factors.
ā
Can I get out of jail without paying bail?
Possibly. Some defendants qualify for release on their own recognizance (OR) or under supervised conditions like GPS monitoring or drug testing.
ā
What happens if I miss a court date?
A failure to appear can lead to a bench warrant and new criminal charges. You should contact your attorney immediately to address it before arrest.
ā
ā
Search and Seizure Issues
Can the police search my car without a warrant in Arkansas?
They can if they have probable cause, your consent, or certain exigent circumstances. Your attorney can challenge the legality of the search.
ā
What is an illegal search or seizure?
Any search conducted without a warrant or valid exception under the Fourth Amendment may be considered illegal, making the evidence inadmissible.
ā
Do I have to let police search my phone?
No. Police generally need a warrant to search your phone. You should never consent without speaking to an attorney.
ā
ā
Juvenile Offenses
What happens when a minor is charged with a crime in Arkansas?
Juvenile cases are handled in separate courts focused on rehabilitation. However, serious offenses may be transferred to adult court.
ā
Can a juvenile record be sealed in Arkansas?
Yes. Most juvenile records can be sealed once the minor turns 18 or after a certain period without further offenses.
ā
Can my child be tried as an adult?
In Arkansas, prosecutors may seek to transfer certain serious charges—like violent felonies—from juvenile court to adult court.
ā
ā
Sex Offenses
What are the penalties for sex crimes in Arkansas?
Penalties range from probation to life in prison, depending on the charge. Many offenses require lifetime registration as a sex offender.
ā
What is considered sexual assault under Arkansas law?
Sexual assault can include any unwanted sexual contact, often classified by degree depending on the age of the victim and use of force.
ā
Will I have to register as a sex offender if convicted?
Most sex offense convictions require registration. The duration and public disclosure depend on the severity of the crime.
ā
ā
Expungement and Clemency
What is the difference between sealing and expungement?
In Arkansas, “sealing” is the correct legal term, though it’s often used interchangeably with expungement. Sealed records are hidden from public view.
ā
Can I seal a felony conviction in Arkansas?
Yes, for certain Class C and D felonies if the sentence is complete and no new charges are pending. Violent or sexual offenses are typically not eligible.
ā
What is a pardon or clemency?
A pardon is granted by the governor and forgives a conviction. It does not automatically seal your record but may be a step toward doing so.
ā
ā
DWI / DUI Charges
What’s the legal limit for blood alcohol content (BAC) in Arkansas?
0.08% for adults operating regular vehicles, and 0.04% for CDL holders. For drivers under 21, any BAC over 0.02% can lead to charges.
ā
Can I refuse a breathalyzer test in Arkansas?
You can, but refusal will likely result in an automatic license suspension under Arkansas’ implied consent law.
ā
Will I lose my license for a DWI?
Yes, a DWI arrest often leads to administrative suspension, even before a conviction. You can request a hearing to challenge the suspension.
ā
How long does a DWI stay on my record in Arkansas?
A DWI conviction typically remains on your record for 5 years, though prior offenses may be considered for up to 10 years.
ā
ā
Victim Representation and Civil Consequences
Can I sue someone who falsely accused me of a crime?
Possibly. If the accusation was knowingly false and led to harm, you may have a defamation or malicious prosecution claim.
ā
What is civil asset forfeiture?
This is when the state seizes property suspected of being involved in criminal activity—often in drug or trafficking cases. You have a right to contest it.
ā
Will a criminal conviction affect my job?
Yes. Many employers conduct background checks. Convictions can limit job opportunities, especially in healthcare, education, and government.
ā
Can I lose my gun rights after a conviction?
Yes. Felony convictions—and some domestic violence misdemeanors—can result in a lifetime ban on firearm possession under federal and state law.